FYLSX Criminal Law Elements & Defenses 2

Question 1

Dan sets a trap in his backyard intending to kill any trespasser who enters. A child trespasses and is killed. Dan is most likely guilty of:

Accepted Answer

Murder, because deadly mechanical devices cannot substitute for the privilege of self-defense

Answer

Under the spring-gun rule, a landowner may not use deadly mechanical devices to protect property because the defense of self-defense requires a human present who reasonably fears imminent harm.

Question 2

Which element distinguishes larceny from embezzlement?

Accepted Answer

Whether the defendant had lawful initial possession of the property

Answer

Embezzlement requires that the defendant lawfully possessed the property before converting it, whereas larceny involves a trespassory taking from the outset.

Question 3

Ann is charged with attempt. The prosecution must prove she had:

Accepted Answer

The specific intent to commit the target crime and a substantial step toward it

Answer

Criminal attempt requires specific intent to commit the underlying offense and a substantial step (beyond mere preparation) in furtherance of that intent.

Question 4

Bob takes his neighbor's bicycle believing it is his own. He is charged with larceny. What is his best defense?

Accepted Answer

Claim of right / mistake of fact

Answer

A genuine claim of right (honest belief of ownership) negates the intent to steal, which is required for larceny.

Question 5

Under the M'Naghten test, an insanity defense succeeds when the defendant:

Accepted Answer

Did not know the nature of the act or did not know it was wrong

Answer

M'Naghten focuses solely on cognitive incapacity: the defendant either did not know what they were doing or did not know it was wrong.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Criminal Law Elements & Defenses 2